ELECTRONIC DATA MAY BE A WITNESS IN A DIVORCE

The end of a marriage may also lead to the disclosure of personal electronic data that can be embarrassing or cause other difficulties for couples in Texas. Although, it may be difficult, even illegal, to hide sensitive information, a spouse may take some precautions during a marital dispute.

Divorce attorneys and investigators normally search public social media for information on the divorcing spouse and their media profiles. Moreover, confidential information may be accessible if a spouse can uncover secret passwords, search their children or relatives’ electronic devices or search other common devices utilized by their household.

This information is normally used for disputes on child and spousal support and child custody, instead of more sensational issues, such as adultery. This data can undermine the user’s arguments on their finances, lifestyles and fitness for custody. Even if inadmissible in court, this information can be utilized to cause embarrassment or jeopardize a person’s profession or reputation.

Spouses facing divorce should create new email accounts and cease sharing their calendars. Their phone apps. should also be shut-off to block the tracking of their locations.

Security questions on important email, banking and other accounts should also be reviewed. A spouse will be able to identify the answers to security questions, such as the user’s mother’s maiden’s name, pet or birthplace. An untruthful answer, known only to the user, may block this access.

Some spouses have even installed malware on their divorcing spouses’ computer. This malware can log important keystrokes.

Deleting photographs, texts or social media posts after the divorcing filing during proceedings is discouraged. This may be deemed as destruction of evidence, with possibly severe legal consequences.

Spouses engaged in a divorce should seek legal advice on obtaining and legally protecting personal information. An attorney may help protect important and sensitive information and rights and prevent the disclosure of this information in court proceedings.